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Please determine if the following questions are true or false:
1. In a disparate impact case, an employer can raise the defense that the challenged policy is a business necessity.
a. True;
b. False
2. An independent contractor can sue under Title VII:
a. True;
b. False
3. In a disparate treatment case, the employer would be liable for intentionally discriminating against the employee.
True;
False
4. A Bona Fide Occupational Qualification (BFOQ) would be a legitimate defense to a discrimination claim based on an employee’s race?
True;
False
5. A Catholic Church would not be found liable in a Title VII action if the Church only hired teachers for Sunday school who practiced Catholicism?
True;
False
6. If an employer acts reasonably to accommodate a religious conflict, then it has not violated Title VII.
True;
False
7. For an eligibility test to be legally validated as an effective gauge of performance, an employer must show that the test is job-related and consistent with business necessity.
True
False
Expert Answer
1. True, under Title VII of the civil rights act of 1964, this is allowed.
2. True: If the contractor gives more leeway to the independent contractor at work then the independent contractor can sue the employer.
3. True: Though certain provisions may be provided under disparate treatment for ex: an employer may prefer to hire only female bartenders but if the employer is intentionally discriminating against an african-american bartender then he is violating Title VII provisions.
4.False:Relion, sex and nationality may be considered a person’s race maynot be considered under BFOQ.
5. True: Any religious organisation can hire any individual practicing the same religion without violating provisions under Title VII.
6. True: An employer if acting reasonably to accomodate a religious conflict including scheduel changes, shift swaps, etc is not violating Title VII. But if the reliogious conflict is affecting any security requirement then the employer will be violating the provisions under Title VII.
7. True,and the employers have to use a registered lab for the same.
